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Is NOC required from deceased legal heir for tramsfer of property
06-Aug-2023 (In Property Law)
One of the flat in our Society is held in joint name of Mother and one of the Son. Last week, Mother expired and now the Son who is a joint holder has applied for deletion of name from the Share certificate and transfer the flat in his sole name. Kindly advise if Society should insist on any no onjection certificate from the other legal heirs of the deceased mother?
First of all, please check if any nomination is done by mother by giving nomination form to society and if yes the said nominee's name should be added to share certificate in place of her with the name of son who is joint owner. If no nomination, then tell the son to get heirship certificate from court to get his name added alongwith other heirs No Objection affidavit with it.
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Adv. Mukesh Vasant Shinde
Thane | 400+ Answers
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Sirji,
Yes sir. Ur society having a right to call no objection certificate from the other legal heirs for ur secerity in future. As if any of legal heirs claim right in future at that time u have to show that the other legal heirs had gave a no objection to transer that flat in his name. U call upon sucession certificate from them.And no objection certificate from them.
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Adv. Bipin Agrawal
Mumbai | 50+ Answers
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hi, regarding your query, it appears that you have siblings, then yes you need have no objection/Release deed from them to peacefully get your name on records and to avoid further complications in future
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Adv. Monica Shroff
Pune | 25+ Answers
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